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(영문) 서울동부지방법원 2016.12.07 2016고단3695
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of interference with business by Seoul Southern District Court and one year of suspended execution, and the judgment became final and conclusive on November 2, 2016.

Criminal facts

At around 04:50 on October 9, 2016, the Defendant expressed that the victim C (the 62-year-old age) who is an apartment security guard did not open the entrance of the apartment, “the victim,” who opened the door, opened the door, and walked the door of the guards, and obstructed the victim’s security service for about 20 minutes by way of walking the entrance of the guards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Criminal records, judgment and application of the Acts and subordinate statutes of search of cases by the Supreme Court;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same kind of crime), such as the fact that there is a history of punishment twice for the same type of crime, the fact that the crime in this case was committed again under investigation and trial due to the same kind of crime, but the fact that the crime in this case is led to the confession, reflect, and not re-offending, the fact that it appears to be a contingent crime, and

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